States’ Compliance to International Environmental Law Obligations: Study Based on Multilateral Environmental Agreements’ Performance in Kenya

International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue XI, November 2021 | ISSN 2454–6186

States’ Compliance to International Environmental Law Obligations: Study Based on Multilateral Environmental Agreements’ Performance in Kenya

Rose Nyangeri, Dr. Xavier Ichani
Department of International Relations Conflict and Strategic Studies, Kenyatta University, Kenya

Abstract: States within the international system have always cooperated to attain a common good. The most common tool used to attain their goals is often treaties that make up International Laws. Environmental conservation has emerged as a key concern in the recent years with regard to sustainable development. States that ratify these treaties have to fulfil their obligations to ensure success of their goals. This can only be done through effective compliance. This study sought to gauge the performance of two key multilateral environmental Agreements (MEAs); Montreal Protocol and United Nations Framework Convention on Climate Change (UNFCCC) within the domestic setup of a state party (Kenya). The study population consisted of 22 officials within the environmental sector selected through purposive and snowballing methods. Data was collected through one-on-one interviews and review of official documents and analysed through the use of computer software Nvivo. Effective Compliance in Kenya’s International law obligations was found to be reliant on the existing toolswithin the treaties, cooperation between the two government tiers and grassroot support framework.

Keywords; Compliance, International Environmental Law, Multilateral Environmental Agreements, Obligations, States

I. INTRODUCTION

Globally, states have acknowledged the urgent need to address their environmental issues in a bid to attain sustainable development. It was this need that necessitated the convergence of the Stockholm Convention of 1972 and led to the emergence of the International Environmental Law (IEL) formed by Multilateral Environmental Agreements (MEAs).Sands, Peel, Fabra and MacKenzie (2003) define International Environmental Law as “rules and principles that govern the behaviour and relations between states and international organizations with regard to the environment.” These agreements were negotiated by state actors to address different aspects of the environmental concerns but the bulk of the responsibility came in form of compliance to the arising obligations. Kenya, as an international actor has ratified 19 MEAs out of the 250 currently in force.

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